The court must weigh some factors such as monetary advantage or schooling in determining with whom the child should live but whether the parent is the mother or the father has nothing to do with child custody. However, it’s not uncommon for separating dads to wonder, do courts favor mothers more than fathers? To put divorcing dads’ worries to rest, let’s investigate Texas law.

Texas Laws for Making a Child Custody Determination

Texas Family Code Title 5, “The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship,” outlines some factors that affect a child custody determination.

For example, the court should strive to issue a child custody order that meets the following criteria below.

  • Assures the child has frequent contact with parents who act in the best interests of the child
  • Provides the child with a safe, stable, and controlled environment
  • Encourages parents to share in the duties of raising the child
  • Is always in the best interest of the child
  • Does not discriminate against one parent on the basis of sex or marital status


Typically, the “best interests” refer to a parent’s ability to provide a safe home for the child that offers emotional support, love, food, and shelter.

If I’m a father, can I get custody of my child?

If you’re a father, the fact that you’re male should in no way affect—in fact, the law prohibits it from doing so—your ability to gain custody of your child.

The things that will impact the court’s idea of your effectiveness as a father are as follows.

  • Domestic violence
  • Sexual abuse
  • Mental instability
  • Drug usage
  • A criminal record
  • Inability to provide for a child emotionally, physically, or mentally


If there are questions about whether or not the child is yours, a paternity test may be required.

Types of Custody

There are two primary types of child care in Texas: joint conservatorship or sole conservatorship. In the former, both parents share custody of the child; in the latter, one parent has sole custody. During a joint conservatorship, both parents may not have equal Dallas child custody visitation, this is up to the discretion of the court.

Contact a Texas Family Law Attorney Today

If you have more questions about child custody and the factors that affect a child custody determination in Texas, don’t wait any longer to contact an attorney. The Texas Divorce Lawyer can help you! Call today for a consultation at 214-265-7630.